Report Title:

Privatization; Strikes

Description:

Prohibits public employers from privatizing government services that are not being provided due to a lawful strike. Allows public employees to seek injunctive relief if a public employer violates laws relating to strikes.

HOUSE OF REPRESENTATIVES

H.B. NO.

616

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to strikes.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 89-12, Hawaii Revised Statutes, is amended to read as follows:

"§89-12 Strikes, rights and prohibitions. (a) It shall be unlawful for any employee to participate in a strike if the employee:

(1) Is not included in the appropriate bargaining unit involved in an impasse; or

(2) Is included in the appropriate bargaining unit involved in an impasse that has been referred to arbitration for a decision.

(b) It shall be lawful for an employee, who is not prohibited from striking under subsection (a) and who is in the appropriate bargaining unit involved in an impasse, to participate in a strike under the following conditions:

(1) The requirements of section 89-11 relating to the resolution of disputes have been complied with in good faith;

(2) The proceedings for the prevention of any prohibited practices have been exhausted;

(3) The collective bargaining agreement and any extension of the agreement has expired; and

(4) The exclusive representative has given a ten-day notice of intent to strike, together with a statement of its position on all remaining issues in dispute, to the employer and the board.

Within three days of receipt of the notice of intent to strike, the employer shall submit its position on the remaining issues in dispute that are included in the statement transmitted by the exclusive representative with its notice of intent to strike. The board shall immediately release the information on the positions of the parties to the public.

(c) No employer shall enter into any contract or agreement for services to replace services that are not being provided by an employee because of the employee's participation in a strike in accordance with this section.

Any contract or agreement:

(1) To replace services that are not being provided by an employee because of the employee's lawful participation in a strike; and

(2) Entered into while the employee is lawfully participating in a strike,

shall not be valid.

[(c)](d) If any employee organization [or any], employee, or public employer is violating or failing to comply with the requirements of this section, or if there is reasonable cause to believe that an employee organization [or an], employee, or public employer will violate or fail to comply with such requirements, the public employer, employee organization, or employee affected shall, forthwith, institute appropriate proceedings in the circuit in which the violation occurs to enjoin the performance of any acts or practices forbidden by this section, or to require the employee organization [or], employees, or public employer to comply with the requirements of this section. Jurisdiction to hear and dispose of all actions under this section is conferred upon each circuit court, and each court may issue in compliance with chapter 380, such orders and decrees, by way of injunction, mandatory injunction, or otherwise, as may be appropriate to enforce this section. The right to a jury trial shall not apply to any proceeding brought under this section."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval; provided that on June 30, 2007, this Act shall be repealed and section 89-12, Hawaii Revised Statutes, is reenacted in the form in which it read on the day before the approval of this Act.

INTRODUCED BY:

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